A. P. RAVANI, V. H. BHAIRAVIA, J.

( 1 ) THE facts leading to this Criminal Miscellaneous Application be briefly stated In Sessions Case No 91 of 1984 one Ramji Devsi Bhil alias Chakla was also arraigned as accused along with other five accused All of them were charged for offence punishable under Sec. 302 read with Secs 147 148 and 149 of I. P. Code and for offence under Sec. 135 of the Bombay Police Act Alternatively they were charged for offence punishable under Sec. 302 read with Sec. 34 of I P Code and also for offence punishable under Sec. 37 (1) of the Bombay Police Act It was alleged that on 8/07/1984 at about also p. m. at village Chalva Taluka Deodar in the field of one Rabari Malabhai all the accused had assembled in unlawful assembly and had caused injuries to one Kanjibhai Bhanabhai by means of deadly weapons like Katar (a crescent shaped weapon) and sticks It was also alternatively alleged that all the accused had common intention of causing death of deceased Kanjibhai and in furtherance of their common intention they had caused injury by means of deadly weapons on the person of the deceased and thereby heard caused his death that at the time of committing the aforesaid

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